TOWN OF VIEW ROYAL COUNCIL REPORT: BUBBLE ZONE FOR ABORTION CENTRES

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Council DATE: October 8, 2013 FROM: K. Anema, Chief Administrative Officer MEETING DATE: October 15, 2013

BUBBLE ZONE FOR ABORTION CENTRES

RECOMMENDATION:

THAT Council receives the report dated October 8, 2013 from the Chief Administrative Officer titled “Bubble Zone for Abortion Centres.”

PURPOSE OF REPORT:

To provide Council with information regarding bubble zones around abortion centres.

TIME CRITICAL:

Staff is responding to a request from MLA Maurine Karagianis.

BACKGROUND:

At the October 1, 2013 Council meeting, MLA Maurine Karagianis spoke to Council and requested that Council consider writing to the Minister of Health to have the bubble zone around the Vancouver Island Women’s Clinic expanded by 10 metres (from 50 metres to 60 metres). At this meeting, Council requested that staff bring back further information in regard to bubble zones at abortion centres.

The Choose Life Victoria Society held their first 40 Days for Life vigil in early 2012. The vigil alternated between the three corners of Island Highway and Helmcken Road. At this time, staff made the Choose Life Victoria Society aware that although the Town does not issue permits for the contemplated activity; the Choose Life Victoria Society would have to comply with Town bylaws generally; as well as the Community Charter, and that the Society maintain the appropriate distance as required by the Access to Abortion Services Act.

In October 2013, Town staff contacted the Vancouver Island Women’s Clinic staff who noted that clients have felt “intimidated” by protestors as the clients walk into the clinic, as well as expressing their concerns in regard to the vigil signage. She noted that protestors (without their signage) used the former coffee shop (located in the same building as the clinic) and handed out brochures and pamphlets to the public; as well as one individual entering the clinic shouting at staff. Clinic staff also noted that Island Health sends out Island Health security three times a day to monitor protestors for client and staff safety. She stated the current vigil has protestors in front of Amrikko’s Restaurant (northeast corner) and at the northwest corner of Island Highway and Helmcken Road. She also noted that past vigils have resulted in the residents of the motel located on the southwest corner of Island Highway and Helmcken Road being angry with the vigil and throwing eggs and ketchup on the sidewalk in order to make it unpleasant for protestors to hold their vigil in that location. As well, it was noted by the MLA that residents from neighbouring townhomes are “scared” to walk to the bus stop as they do not want to be approached by the protestors.

Currently, the Access to Abortion Services Act defines a facility as being a clinic, hospital or doctor’s office in regard to the bubble zone. The Vancouver Island Women’s Clinic is described as a non-hospital accredited medical surgical facility; due to this description of the clinic this leaves room for interpretation as to the bubble zone. However, taking a common sense approach this facility is a clinic and therefore the 50 metre bubble zone would apply as described in legislation.

Section 5 of the Access to Abortion Services Act notes that this 50 metre bubble zone is measured from the actual building unless portions of the parking area are exclusive; and not measured within any private property. Which means the vigils can not be held within the restaurant parking area (northeast corner) or the motel parking area (southwest corner). Attachment “A” demonstrates the 50 metre bubble zone.

RECOMMENDATION:

THAT Council receives the report dated October 8, 2013 from the Chief Administrative Officer titled “Bubble Zone for Abortion Centres.”

SUBMITTED BY:

K. Anema, Chief Administrative Officer